3
1.
To request the State to submit, no later than January 31, 2005, a thorough report on
the compliance with the reparations Judgment of August 27, 1998.
2.
To request the Inter-American Commission on Human Rights to submit its comments to
the State report within the term of six weeks, as from the date of its reception. Also, Mr. Diego
Lavado and Mr. Carlos Varela Álvarez may forward their comments to the State report through
the Commission, in case of considering so to be proper, within the term of four weeks as from the
reception of the State report. In the event new legal representatives of the victims´ next of kin
have been appointed, they may submit their observations directly before the Court in the above
mentioned term of four weeks.
3.
To continue to monitor the compliance with the reparations Judgment dated August 27,
1998.
[…]
7.
The writ of April 28, 2005, by means of which the Inter-American Commission on
Human Rights submitted a document forwarded by Mr. Carlos Álvarez Varela, representative
of the victim’s next of kin, according to which “despite of the existence of a reparations
judgment rendered by the […] Court on August 27, 1998 […], there is a possibility that
domestic provisions regarding prescription are applied to this case."
8.
The writ of August 18, 2005, by means of which the State forwarded a report on
compliance, requested in the Decision issued by the Court on November 17, 2004 (supra
Having Seen clause no. 6), the submission of which had been repeated in several
opportunities by the Court Secretary (hereinafter referred to as the “Secretary”), as well as
the comments by the Inter-American Commission to that report.
9.
The note of the Secretary dated August 22, 2007, by means of which, “in order to
assess the fulfillment of the reparations ordered in the Judgment, the execution of which is
still pending, and so as to determine the applicability of Article 65 of the American
Convention", the State was requested to submit, no later than September 14, 2007, a
report on the compliance with the Judgment. The report so requested was submitted only
on November 23, 2007, date on which the private hearing summoned for this case was held
(infra Having Seen clauses no. 13 and 16).
10.
The writ received by fax on October 18, 2007, by means of which Mr. Osvaldo
Baigorria Balmaceda informed that “he a[ppears] as a party to this case in [his] capacity as
petitioner and brother of [one of the victims]” and that he appointed Mr. Carlos Varela
Álvarez as his legal representative.
11.
The Decision of the President dated October 29, 2007, by means of which, exercising
the powers of the Court to monitor the fulfillment of its decisions, in consultation with the
other Judges of the Court, and according to Articles 67 and 68(1) of the American
Convention and Articles 25(1) of the Statute and 14(1) and 29(2) of its Rules of Procedure,
it was decided to summon the Inter-American Commission on Human Rights, the State, Mr.
Carlos Varela Álvarez - in representation of Mr. Osvaldo Baigorria Balmaceda-, as well as
duly appointed representatives of other next of kin of the victims, to a private hearing that
would be held on November 23, 2007, from 9:00 to 10:30, so that the Court gathered the
information provided by the State on the fulfillment of the points pending compliance with
the Reparations Judgment issued in this case and so that it took note of the observations of
the Inter-American Commission and the representatives of the victims´ next of kin on the
matter.
12.
The writ of November 23, 2007, by means of which Mr. Carlos Varela Alvarez
referred to the status of the fulfillment of the above mentioned Reparations Judgment and
made some proposals on the matter, prior to the hearing.
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